A Louisiana U.S. district judge appointed by former President Donald Trump blocked a federal COVID-19 jab mandate for health care workers in a ruling that will have implications for the entire nation.
The Daily Advertiser  reported that Judge Terry Doughty ruled that Joe Biden’s administration doesn’t legally have the authority to issue such a mandate by bypassing Congress.
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“If the executive branch is allowed to usurp the power of the legislative branch to make laws, two of the three powers conferred by our Constitution would be in the same hands,” he wrote in his ruling. “If human nature and history teach anything, it is that civil liberties face grave risks when governments proclaim indefinite states of emergency.”
“During a pandemic such as this one, it is even more important to safeguard the separation of powers set forth in our Constitution to avoid erosion of our liberties,” the judge added.
Biden’s Centers for Medicare and Medicaid Services issued an emergency regulation on November 4 that would have forced all employees at providers taking part in the programs to have at least one dose of the jab by December 6 and to have gotten both shots by January 4, 2022. This mandate would have impacted a whopping 17 million health care workers.
Doughty issued this ruling while presiding over a lawsuit filed by Republican Louisiana Attorney General Jeff Landry and thirteen other states.
“While Joe Biden villainizes our healthcare heroes with his’ jab or job’ edicts, I will continue to stand up to the president’s bully tactics and fight for liberty,” Landry said in response to the ruling. “While our fight is far from over, I am pleased the court granted preliminary relief against the president’s unconstitutional and immoral attack on not only our healthcare workers but also the access to healthcare services for our poor and elderly.”
If Doughty’s decision is appealed, it will go to the 5th Circuit, and he admitted that the case “will ultimately be decided by a higher court than this one.”
“However, it is important to preserve the status quo in this case,” he wrote in his decision. “The liberty interests of the unvaccinated requires nothing less.”
Trump nominated Doughty to the federal bench in 2017, and he was confirmed one year later. The other states that teamed up with Louisiana for this lawsuit are Arizona, Alabama, Georgia, Idaho, Indiana, Kentucky, Mississippi, Montana, Ohio, Oklahoma, South Carolina, Utah, and West Virginia.